Kentucky Statutes 407.5707 – Contest of registered Convention support order
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in this Article, KRS § 407.5605, 407.5606, 407.5607, and 407.5608 apply to a contest of a registered Convention support order.
(2) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty (60) days after notice of the registration.
(3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered Convention support order may be based only on grounds set forth in KRS § 407.5708. The contesting party bears the burden of proof.
(5) In a contest of a registered Convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 18, sec. 61, effective June 24, 2015.
(2) A party contesting a registered Convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty (60) days after notice of the registration.
Terms Used In Kentucky Statutes 407.5707
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered Convention support order may be based only on grounds set forth in KRS § 407.5708. The contesting party bears the burden of proof.
(5) In a contest of a registered Convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 18, sec. 61, effective June 24, 2015.